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Foreclose on House held in Estate??

Posted by Mark on April 18, 2002 at 8:59 AM

I am the administrator of a house held in the estate of my late father, who died without a will. My brother-in-law and sister lived in the house for five years after my father's death. My father's spoken wish was that this sister have the house...but this wasn't documented in a will.

During the time my father was alive, he co-signed a loan to my bro-in-law, with the house as collateral. My B-I-L never made payments and the house went into foreclosure. In order to prevent my sister and kids from hitting the street, I purchased the original note, making me the primary lienholder on the property. My B-I-L has not made any payments to me either. My sister has since legally removed him from the house.

Here's the knot: One sibling (of 5) in the estate proceedings has gotten into financial trouble and wants to force a sale of the house instead of accepting a buyout from the sister living in the house.

QUESTION: I want to prevent a forced sale. I am the administrator of the estate, AS WELL AS a the principal lienholder of a note now 6 months in arrears. Can I foreclose and prevent further BS and work out arrangements with siblings after foreclosure?

Hope this makes sense. It's starting to fry my mind.



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